Third Circuit Explains When Sale Orders Are Not Automatically Moot Section 363(m) allows an appeal if the remedy won’t upset the sale itself, Third Circuit says. Judge Name - Do not use it. Kent A. Jordan Read more about Third Circuit Explains When Sale Orders Are Not Automatically Moot
Inaccurate Disclosure Nixes a $275 Million Energy Future Breakup Fee Approved a Year Earlier Breakup fee cannot be paid if the court or regulators disapprove a proposed sale. Judge Name - Do not use it. Christopher S. Sontchi Read more about Inaccurate Disclosure Nixes a $275 Million Energy Future Breakup Fee Approved a Year Earlier
Bankruptcy Court Finds Constitutional Power to Grant Releases in Confirmation Orders Delaware bankruptcy judge disagrees with district court on final adjudicatory power to include third-party releases in confirmation orders. Judge Name - Do not use it. Laurie Selber Silverstein Read more about Bankruptcy Court Finds Constitutional Power to Grant Releases in Confirmation Orders
Constructive Eviction Is Ok to Protect Estate Property, Even Without a Court Order Third Circuit gives immunity to a trustee for unilateral action protecting estate property. Read more about Constructive Eviction Is Ok to Protect Estate Property, Even Without a Court Order
Delaware Judge Narrows Jevic to Prohibit Only End-of-Case Priority Skipping Priority skipping permitted as part of final approval of DIP financing. Judge Name - Do not use it. Kevin Gross Read more about Delaware Judge Narrows Jevic to Prohibit Only End-of-Case Priority Skipping
Third-Party Releases Approved Without Awaiting the Outcome of Merit Management Third-party releases would have been approved even if there were no ‘safe harbor’ defense. Judge Name - Do not use it. Gregory L. Taddonio Read more about Third-Party Releases Approved Without Awaiting the Outcome of Merit Management
Emotional Distress Damages Awarded for Civil Contempt on Automatic Stay Violation Philadelphia judge socks the city’s parking authority for impounding a debtor’s car twice. Judge Name - Do not use it. Eric L. Frank Read more about Emotional Distress Damages Awarded for Civil Contempt on Automatic Stay Violation
Receivership May Not Preclude a Board’s Ability to File Bankruptcy A receiver who is not ‘disinterested’ can justify putting a company in bankruptcy. Judge Name - Do not use it. Thomas P. Agresti Read more about Receivership May Not Preclude a Board’s Ability to File Bankruptcy
Tax Sales Can Be Avoided as Preferences, New Jersey Judge Rules Federalism concerns do not protect tax foreclosures like they do mortgage foreclosures, Judge Gravelle says. Judge Name - Do not use it. Christine M. Gravelle Read more about Tax Sales Can Be Avoided as Preferences, New Jersey Judge Rules
Criminal Restitutions Are Not Recoverable as Preferences, Judge Agresti Says Restitution payment does not qualify for the new value preference defense. Judge Name - Do not use it. Thomas P. Agresti Read more about Criminal Restitutions Are Not Recoverable as Preferences, Judge Agresti Says